National Intelligence Law of the People's Republic of China (Draft)

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An Alternate translation of this draft was created by Rogier Creamiers HERE
Source:http://www.npc.gov.cn/COBRS_LFYJNEW/user/Law.jsp

 

Contents

Chapter I: General Principles

Chapter II: Authority of National Intelligence Work Institutions

Chapter III Protections for National Intelligence Work

Chapter IV: Legal Responsibility

Chapter V: Supplementary Provisions

Explanation

 

 

Chapter I: General Provisions

Article 1: This Law is formulated on the basis of the Constitution so as to strengthen and safeguard national intelligence work, and to preserve the national security and interests.

Article 2: National Intelligence work shall adhere to the overall national security perspective, shall provide intelligence as a reference in major national decision-making, shall provide intelligence support to prevent and mitigate threats endangering national security, shall preserve the national political power, sovereignty, unity, independence and territorial integrity, the welfare of the people, sustainable social and economic development and other major national interests.

Article 3: The State is to establish and complete a national intelligence system that is centralized and united, has a coordinated division of labor, and is scientific and highly effective.

The central national security leadership bodies are to carry out unified leadership of national intelligence efforts, formulate directives and policies for national intelligence work, plan the overall development of national intelligence efforts, establish and complete coordination mechanisms for national intelligence efforts, perform overall coordination of national intelligence efforts in various fields, and research and decide on major matters in national intelligence efforts.

The Central Military Commission uniformly leads and organizes military intelligence efforts.

Article 4: National intelligence efforts are to adhere to the principles of combining open and secret works, combining specialized efforts and the mass line, and combining divisions of labor and responsibility with assistance and cooperation.

Article 5: The intelligence institutions of state security organs and public security organs, and the military intelligence institutions (hereinafter collectively referred to as "national intelligence work institutions") are to follow their duties and division of labor, to cooperate together, complete intelligence work, and carry out intelligence activities. Each relevant national organ shall cooperate closely with national intelligence work institutions in accordance with their own functions and the division of tasks.

Article 6: All state organs, armed forces, political parties, social groups, enterprises, public institutions, organizations and citizens, shall support, assist and cooperate with national intelligence efforts, and protect national intelligence work secrets they are aware of.

Article 7: National intelligence efforts shall be carried out in accordance with law, shall respect and protect human rights, and shall preserve the lawful rights and interests of citizens and organizations.

Article 8: The state protects individuals and organizations that support and assist national intelligence efforts, and gives rewards to those who make major contributions.

 

Chapter II: Authority of National Intelligence Work Institutions

 

Article 9: As necessary for their work, national intelligence work institutions are to use the necessary means, tactics, and channels to carry out intelligence efforts, domestically and abroad.

Article 10: National intelligence work institutions shall lawfully collect and handle information on the endangerment of the national security and interests of the People's Republic of China that is carried out by foreign institutions, organizations, or individuals; or by domestic institutions, organizations, individuals connected o foreign institutions, organizations or individuals.

Article 11: Acts of foreign bodies, organizations, or individuals that are carried out inside Chinese borders, and endanger the national security or interests of the People's Republic of China, must be held accountable to law. National intelligence work institutions shall provide intelligence as a reference and basis for preventing, stopping, and punishing the above conduct.

Article 12: National intelligence work institutions may establish cooperative relationships with relevant individuals and organizations, and commission them to carry out related work.

Article 13: Relevant departments of all levels of people's governments, enterprises, public institutions and other organizations or citizens, shall provide necessary assistance to national intelligence work institutions lawfully carrying out their work, and shall preserve secrecy.

Article 14: As needed for work, and in accordance with relevant national provisions, national intelligence work institutions may employ technical investigation measures upon completion of strict approval formalities.

Article 15: When lawfully performing their duties, and on the basis of relevant national provisions, upon approval, and with the presentation of appropriate identification, the staff of national intelligence work institutions may learn from and question relevant organs, groups, enterprises, public institutions, organizations, and individuals about relevant circumstances, and read or collect relevant files, materials, and items,

Article 16: When lawfully performing their duties, and on the basis of relevant national provisions, upon approval, and with the presentation of appropriate identification, the staff of national intelligence work institutions may enter relevant areas or premises for which entry is restricted; and may enjoy transit facilitation as needed to perform emergency tasks, upon presentation of appropriate identification.

As necessary for their work, the staff of national intelligence work institutions may, in accordance with national regulations, have priority use of, or lawfully requisition, state organs', groups', enterprises' institutions', organizations' or individuals' transportation, communications tools, premises and buildings; and when necessary, they may set up relevant work sites, equipment, and facilities. After the completion of the task, they shall be promptly returned, or restored to their original condition, and the corresponding fees are to be paid in accordance with provisions. Compensation shall be made where there are damages caused.

Article 17: As required for work, and in accordance with relevant national provisions, national intelligence work institutions may ask organs such as customs, entry-exit border inspection, and inspection and quarantine, to provide facilitation such as exemptions from inspection.

Article 18: In their work, national intelligence work institutions and their staffs shall handle matters strictly in accordance with law and must not exceed the scope of their authority, abuse their authority, or derelict their duties; must not violate the lawful rights and interests of citizens and organizations, and must not leak state secrets, commercial secrets, or individuals' private information.

 

Chapter III: Protections for National Intelligence Work

 

Article 19: The State is to strengthen the establishment of national intelligence work institutions, and implement special management for the set up of their institutions, personnel, allotments, funding, and assets; and shall grant special safeguards.

The State is to establish management systems suited to the needs of intelligence work, such as for hiring, transferring, evaluating, training, benefits and departure of personnel.

Article 20: State intelligence work institutions shall adapt to the needs of intelligence work, and increase capacity for carrying out intelligence efforts.

Article 21: When the personal safety of the staffs of national intelligence work institutions, personnel who have established cooperative relationships with national intelligence work institutions, or their close relatives, is threatened as a result assisting national intelligence work; the relevant state departments shall employ the necessary measures to protect or rescue them.

Article 22: Relevant departments, such as for public security, civil affairs, finance, health, education, and human resources and social security, as well as state-owned enterprises and public institutions, shall assist national intelligence work institutions in arranging placements for persons who have made a contribution to national intelligence efforts and require a placement.

Article 23: The national intelligence work institutions shall establish systems for supervision and security review, conduct oversight of their staff's compliance with discipline, and lawfully employ necessary measures, conducting periodic or unscheduled security reviews.

Article 24: Any individual or organization has the right to make a report or accusation about national intelligence work institutions or their staffs exceeding the scope of their authority, abusing their authority, derelicting their duties, or other unlawful conduct. Relevant organs or departments that receive reports or accusations shall promptly investigate and handle them, and inform the reporter or accuser of the outcome.

Individuals and organizations lawfully making reports or accusations about national intelligence work institutions and their staffs must not be suppressed or retaliated against by any other individual or organization.

 

Chapter IV: Legal Responsibility

Article 25: Where provisions of this Law are violated by obstructing national intelligence work institutions and their staffs' lawful carrying out of intelligence work, the national intelligence work institutions are to recommend the relevant units give sanctions, or the state security organs and public security organs are to give warnings or up to 15 days of administrative detention; where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Article 26: Where state secrets related to national intelligence efforts are leaked, the national intelligence work institutions are to recommend that the relevant units give sanctions or that the state security organs or public security organs give administrative detention of up to 15 days; where a crime is constituted, criminal liability is pursued in accordance with law.

Article 27: Where the staff of national intelligence work institutions exceed the scope of their authority, abuse their authority, or derelict their duties; or leak state secrets, commercial secrets, and individuals' private information; they are given sanctions in accordance with law; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Chapter V: Supplementary Provisions

Article 28: This law takes effect on the date of promulgation.

Explanation of the "People's Republic of China National Intelligence Law (draft) "

I. The overall plan of the legislation

First, is providing basic legal principles and a legal basis for national intelligence efforts, with overall national security as it guide, persisting in the principles of socialist rule of law, and with an eye to ensuring national intelligence efforts and respecting and protecting human rights.

Second, is summarizing China's successful experiences in national intelligence efforts,providing institutional mechanisms for national intelligence work, authority for national security work institutions,and safeguards for national intelligence efforts, based on the actual needs for carrying out national today and into the future.

Third, is handling the relationship between the National Security Law, The Anti-espionage Law,the Anti-terrorism Law, and other such laws, and linking up these laws.

II. The Principle Content of the Draft

(1) Clarifying the tasks and institutional mechanisms of national intelligence work. The draft provides that National intelligence work adheres to the overall national security perspective, shall provide intelligence as a reference in major national decision-making, provides intelligence support to prevent and mitigate threats endangering national security, preserves the national political power, sovereignty, unity, independence and territorial integrity, the welfare of the people, sustainable social and economic development and other major national interests. (article 2) A national intelligence system that is centralized and united, has a coordinated division of labor, and is scientific and highly effective is to be established and completed. (article 3) The intelligence institutions of state security organs and public security organs, and the military intelligence institutions are to follow their duties and division of labor, to cooperate together, complete intelligence work, and carry out intelligence activities.(article 5)

(2) Clarifying the Authority of National Intelligence Work Institutions. The Draft provides that national intelligence work institutions shall lawfully collect and handle information on the endangerment of the national security and interests of the People's Republic of China that is carried out by foreign institutions, organizations, or individuals; or by domestic institutions, organizations, individuals connected o foreign institutions, organizations or individuals.(article 10) National intelligence work institutions shall provide intelligence references or bases, so as to prevent, stop, and punish foreign (non-mainland) bodies, organizations, and individuals carrying out actions within the mainland territory of China that endanger China's national security or interests. (article 11) When lawfully performing their duties,the staff of national intelligence work institutions may learn from and question relevant organs, groups, enterprises, public institutions, organizations, and individuals about relevant circumstances, and read or collect relevant files, materials, and items; enter related restricted areas or premises, and enjoy transit facilitation. (article 15,16)

(3) Protections for national intelligence work. The Draft provides that the State is to strengthen the establishment of national intelligence work institutions, and implement special management for the set up of their institutions, personnel, allotments, funding, and assets; and establish management systems suited to the needs of intelligence efforts, such as for hiring, transferring, evaluating, training, benefits and departure of personnel.(Article 19) Protecting the physical safety of national intelligence work institution staffs, cooperating personnel, and their families. (article 21) Relevant departments shall assist national intelligence work institutions in arranging placements for persons who have made a contribution to national intelligence efforts and require a placement.(article 22) The Draft further provides for citizens and organizations' obligation of support and cooperation (article 6, 13) Provide the legal responsibility for obstructing national intelligence efforts or leaking state secrets related to national intelligence work.

(4) Clarifying the regulation and supervision of national intelligence efforts. The Draft provides that national intelligence efforts shall be carried out in accordance with law and shall respect and protect human rights, (article 7). National intelligence work institutions and their staffs must not exceed the scope of their authority, abuse their authority, or derelict their duties; must not violate the lawful rights and interests of citizens and organizations, and must not leak state secrets, commercial secrets, or individuals' private information.(article 18) When national intelligence work institutions use necessary methods, tactics, and channels to perform work, they shall respect relevant national provisions. (articles 14,15,16,17). National intelligence work institutions shall establish systems for supervision and security reviews.(article 23). The Draft provides that any individual or organization has the right to make a report or accusation about national intelligence work institutions or their staffs exceeding the scope of their authority, abusing their authority, derelicting their duties, or other unlawful conduct. (article 24).

 

 

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